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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 83

 

THE LORD McINTOSH OF HARINGEY

Page 35, leave out lines 19 to 44 and insert—
"Road TrafficAct 1988 (c. 52)
Section 6Power toadministerpreliminary testsIn place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—

      (a)    constable in uniform reasonably suspects that the person is committing an offence under section 78, 79 or 80,

      (b)    constable in uniform reasonably suspects that the person has committed an offence under section 78, 79 or 80 and still has alcohol or a drug in his body or is still under the influence of a drug, or

      (c)   an accident occurs owing to the presence of a ship in a public place and a constable reasonably suspects that the person was at the time of the accident a person to whom section 78, 79 or 80 applied.

Sections 6A to 6EPreliminary breath test,impairment test,and drug testIn place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable—

      (a)   at or near the place where the requirement to co-operate with the test is imposed, or

      (b)   at a police station specified by the constable.In section 6B(3) a reference to unfitness to drive shall be treated as a reference to having an impaired ability, because of drink or drugs, to do anything specified in section 78(2), 79(2) or 80(2)."

Page 36, line 36, leave out "(and the definition of "drug" shall be disregarded)"
 

Clause 96

 

THE LORD McINTOSH OF HARINGEY

Page 42, leave out lines 13 to 31 and insert—
"Road TrafficAct 1988 (c. 52)
Section 6Power toad minister preliminary testsIn place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—

      (a)    constable in uniform reasonably suspects that the person is committing an offence under section 92 or 93,

      (b)    constable in uniform reasonably suspects that the person has committed an offence under section 92 or 93 and still has alcohol or a drug in his body or is still under the influence of a drug,

      (c)   an aircraft is involved in an accident and a constable reasonably suspects that the person was undertaking an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft at the time of the accident, or

      (d)   an aircraft is involved in an accident and a constable reasonably suspects that the person has undertaken an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft.

Sections 6A to 6EPreliminarybreath test,impairment test,and drug testIn place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable—

      (a)   at or near the place where the requirement to co-operate with the test is imposed, or

      (b)   at a police station specified by the constable.In section 6B(3) a reference to unfitness to drive shall be treated as a reference to having an impaired ability, because of drink or drugs, to perform an aviation function or to carry out an activity which is ancillary to an aviation function."

Page 43, line 24, leave out "(and the definition of "drug" shall be disregarded)"
 

Clause 105

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Page 46, line 38, at end insert—
"(   )  the costs arising from a prosecution brought by the Executive or the Commission, or"
 

After Clause 106

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Clause—
  "Road traffic: testing for drink and drugs
  Schedule (Road traffic: testing for drink and drugs) shall have effect."
 

After Clause 108

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Insert the following new Clause—
  "Operating Centres
  In section 13(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (determination of applications) after paragraph (d) there is inserted—
"(dd)  in permitting goods vehicles operators to establish an Operating Centre the Traffic Commissioner is satisfied that the Centre is available, suitable and of sufficient capacity and must take into account the suitability of the local road network for the establishment of such a centre."
 

After Schedule 6

 

THE LORD McINTOSH OF HARINGEY

Insert the following new Schedule—
 

"ROAD TRAFFIC: TESTING FOR DRINK AND DRUGS

 1      For section 6 of the Road Traffic Act 1988 (c. 52) (testing for drink or drugs) substitute—
"6Power to administer preliminary tests
(1)      If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.
(2)      This subsection applies if a constable reasonably suspects that the person—
(a)  is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
(b)  has alcohol or a drug in his body or is under the influence of a drug.
(3)      This subsection applies if a constable reasonably suspects that the person—
(a)  has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and
(b)  still has alcohol or a drug in his body or is still under the influence of a drug.
(4)      This subsection applies if a constable reasonably suspects that the person—
(a)  is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and
(b)  has committed a traffic offence while the vehicle was in motion.
(5)      This subsection applies if—
(a)  an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
(b)  a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.
(6)      A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.
(7)      A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.
(8)      In this section—
(a)  a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and
(b)  "traffic offence" means an offence under—
(i)  a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),
(ii)  a provision of the Road Traffic Regulation Act 1984 (c. 27),
(iii)  a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or
(iv)  a provision of this Act other than a provision of Part V.
6APreliminary breath test
(1)      A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit.
(2)      A preliminary breath test administered in reliance on section 6(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.
(3)      A preliminary breath test administered in reliance on section 6(5) may be administered—
(a)  at or near the place where the requirement to co-operate with the test is imposed, or
(b)  if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
6BPreliminary impairment test
(1)      A preliminary impairment test is a procedure whereby the constable administering the test—
(a)  observes the person to whom the test is administered in his performance of tasks specified by the constable, and
(b)  makes such other observations of the person's physical state as the constable thinks expedient.
(2)      The Secretary of State shall issue (and may from time to time revise) a code of practice about—
(a)  the kind of task that may be specified for the purpose of a preliminary impairment test,
(b)  the kind of observation of physical state that may be made in the course of a preliminary impairment test,
(c)  the manner in which a preliminary impairment test should be administered, and
(d)  the inferences that may be drawn from observations made in the course of a preliminary impairment test.
(3)      In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate—
(a)  whether a person is unfit to drive, and
(b)  if he is, whether or not his unfitness is likely to be due to drink or drugs.
(4)      A preliminary impairment test may be administered—
(a)  at or near the place where the requirement to co-operate with the test is imposed, or
(b)  if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(5)      A constable administering a preliminary impairment test shall have regard to the code of practice under this section.
(6)      A constable may administer a preliminary impairment test only if he is approved for that purpose by the chief officer of the police force to which he belongs.
(7)      A code of practice under this section may include provision about—
(a)  the giving of approval under subsection (6), and
(b)  in particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that subsection.
6CPreliminary drug test
(1)      A preliminary drug test is a procedure by which a specimen of sweat or saliva is—
(a)  obtained, and
(b)  used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the person to whom the test is administered has a drug in his body.
(2)      A preliminary drug test may be administered—
(a)  at or near the place where the requirement to co-operate with the test is imposed, or
(b)  if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
6DArrest
(1)      A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit.
(2)      A constable may arrest a person without warrant if—
(a)  the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and
(b)  the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.
(3)      A person may not be arrested under this section while at a hospital as a patient.
6EPower of entry
(1)      A constable may enter any place (using reasonable force if necessary) for the purpose of—
(a)  imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or
(b)  arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.
(2)      This section—
(a)  does not extend to Scotland, and
(b)  is without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place."
 2      In section 7(3) of that Act (provision of specimen for analysis) after the word "or" after subsection (bb) insert—
"(bc)  as a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, or".
 3      In section 9(1) of that Act (protection for hospital patients)—
(a)  for "to provide a specimen of breath for a breath test" substitute "to co-operate with a preliminary test", and
(b)  in paragraph (a), for "it shall be for the provision of a specimen at the hospital" substitute "it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital".
 4      In section 10(1) of that Act (detention of persons affected by alcohol or drugs) in subsection (1) after "a person required" insert "under section 7 or 7A".
 5      In section 11 of that Act (interpretation)—
(a)  in subsection (2), omit the definition of "breath test", and
(b)  in subsection (3) for "A person does not provide a specimen of breath for a breath test or for analysis unless the specimen" substitute "A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen".
 6      In section 184(1)(f) of that Act (application of sections 5 to 10 to military personnel) for "in section 6(1) the reference to a traffic offence" substitute "in section 6 a reference to a traffic offence".
 7      In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain provisions apply), in the entry for section 6 of the Road Traffic Act 1988 (c. 52) for the description of the general nature of the offence substitute "Failing to co-operate with a preliminary test".
 8      In Schedule 2 to that Act (prosecution and punishment of offenders), in the entry for section 6 of the Road Traffic Act 1988 (c. 52) for the description of the general nature of the offence substitute "Failing to co-operate with a preliminary test".
 9      In section 34A(1D)(a) of the Army Act 1955 (c. 18) (testing for drugs) for sub-paragraph (i) substitute—
"(i)  any provision of the Road Traffic Act 1988 (c. 52),".
 10      In section 34A(1D)(a) of the Air Force Act 1955 (c. 19) (testing for drugs) for sub-paragraph (i) substitute—
"(i)  any provision of the Road Traffic Act 1988 (c. 52),".
 11      In section 12A(1D)(a) of the Naval Discipline Act 1957 (c. 53) (testing for drugs) for sub-paragraph (i) substitute—
"(i)  any provision of the Road Traffic Act 1988 (c. 52),".
 12      In section 34(6) of the Police and Criminal Evidence Act 1984 (c. 60) (arrest) for "section 6(5) of the Road Traffic Act 1988" substitute "section 6D of the Road Traffic Act 1988".
 13      In section 32(8)(a) of the Armed Forces Act 2001 (c. 19) (testing for drink or drugs) for sub-paragraph (i) substitute—
"(i)  any provision of the Road Traffic Act 1988 (c. 52),"."
 

Schedule 7

 

THE LORD McINTOSH OF HARINGEY

Page 75, line 8, at end insert—
  "Road Traffic Act 1988 (c. 52)In section 11(2), the definition of "breath test"."

 
 
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©Parliamentary copyright 2003
2 July 2003